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Articles 2821 - 2850 of 2851
Full-Text Articles in Law
Tied To The Elephant: Organization And Obligation On The Overland Trail, John Phillip Reid
Tied To The Elephant: Organization And Obligation On The Overland Trail, John Phillip Reid
Seattle University Law Review
The gold-seeking emigrants who went by the overland trail to the diggings of California seldom traveled alone. The few who did were usually men too poor to purchase a share of a wagon or, for one reason or another, unable or unwilling to work their way across the continent as hired hands. Most, however, traveled to the Pacific as part of an organization: either shareholders of joint stock companies, partners in a mess, clients of passenger lines, or members of traveling groups. In addition, there was another legal technique overland emigrants utilized when binding themselves in mutual associations-they made contracts. …
Post-Majority Child Support In Washington, George T. Cowan
Post-Majority Child Support In Washington, George T. Cowan
Seattle University Law Review
Simply stated, the purpose of child support is to provide necessary elements of support to those typically incapable of self-support. The definition of "necessary elements" constantly changes to meet the demands of an increasingly complex society. And although child support is limited to necessities, what is necessary also depends upon the social status and financial resources of the parents and is not limited to bare essentials unless those criteria so dictate. Accordingly, courts retain continuing jurisdiction to modify support decrees as the ability of the parents to provide support and the needs of the children change. In light of the …
Libel: Taskett V. King Broadcasting Co.--A New Washington Standard, Roy W. Kent
Libel: Taskett V. King Broadcasting Co.--A New Washington Standard, Roy W. Kent
Seattle University Law Review
In Taskett v. KING Broadcasting Co., the Washington Supreme Court reevaluated the constitutional limits on libel law with regard to private individuals involved in matters of public interest, and held that private individuals can recover damages "on a showing that in publishing the statement, the defendant knew or, in the exercise of reasonable care, should have known that the statement was false." In adopting the reasonable care standard, the Washington Supreme Court sought to achieve an equitable balance between the media's first amendment rights of free speech and press and the state's interest in compensating private citizens for harm …
Fair Use And Home Videotape Copying Of Television Broadcasts, James E. Reed
Fair Use And Home Videotape Copying Of Television Broadcasts, James E. Reed
Seattle University Law Review
This comment discusses home videotape recording under both the 1909 Copyright Act and the new copyright law which becomes effective January 1, 1978. Because home videotaping violates the copyright holder's exclusive rights to transcribe or copy the copyrighted program, the comment focuses on the application of the fair use doctrine to home recording of television programs. If home videotape recording is not a fair use, individuals recording copyrighted television programs are liable for copyright infringement; yet, because private copying is difficult to detect, it may be impossible for copyright holders to protect themselves from this private copying. The comment, therefore, …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Illusion And Contradiction In The Quest For A Desegregated Metropolis, Henry Mcgee
Illusion And Contradiction In The Quest For A Desegregated Metropolis, Henry Mcgee
Faculty Articles
A decade of litigation in which the central issue of discrimination essentially was uncontested thus far has failed to disestablish racial segregation or produce desperately needed low-income housing for Chicago blacks. Recently, the unconcluded litigation has produced a unanimous United States Supreme Court decision exposing suburban racial sanctuaries to the possibility of integrated public housing units. Although the first-named plaintiff in the suit, Dorothy Gautreaux, did not survive the decision, the extent of her posthumous triumph is the central theme of this article. Although Gautreaux superficially indicates that a federal judge has the power to desegregate federally subsidized housing and …
National Health Planning And Resources Development Act Of 1974: Implications For The Poor, Ken Wing, A. G. Schneider
National Health Planning And Resources Development Act Of 1974: Implications For The Poor, Ken Wing, A. G. Schneider
Faculty Articles
The National Health Planning and Resources Development Act of 1974, was signed into law on January 4, 1975, following a lengthy legislative struggle. During the past 11 months, the fighting among private and public health interests has continued, although the principal arena has shifted from the Congress to the Department of Health, Education and Welfare, which is charged with primary responsibility for implementing the law. While the final outcome of this political conflict is still difficult to foresee, some informed estimates can already be made concerning the implications of this legislation for the poor. This article will not summarize the …
Power(Lessness) And Dispersion: Comments On Chester Mcguire's The Urban Development Act Of 1974, Community Development Funds And Black Economic Problems, Henry Mcgee
Faculty Articles
Professor McGee discusses Chester McGuire's comprehensive, provocative and good-humored assessment of the Housing and Community Development Act of 1974 (HCDA). McGuire suggests both ominous and benign trends in the shift of political power and allocation of material resources in the United States. In analyzing the McGuire’s assessment of the HCDA, Professor McGee addresses how the act affects minority groups, particularly Black Americans.
The Role Of Tax Policy In Federal Support For Higher Education, John B. Kirkwood, David Mundel
The Role Of Tax Policy In Federal Support For Higher Education, John B. Kirkwood, David Mundel
Faculty Articles
The federal government has a wide range of instruments by which it can influence the nation's higher education system to produce socially desired outcomes. The challenge facing policymakers and planners is to maximize these socially desirable outcomes by selecting a desirable mix of programs and distributing among them scarce financial resources. This paper will attempt to (a) outline the bases for a policy development process that maximizes the desired program selection, and (b) identify possible roles of tax instruments in federal higher education policy.
Housing Subsidies In The U.S. And England, Henry Mcgee
Housing Subsidies In The U.S. And England, Henry Mcgee
Faculty Articles
In this article Professor McGee reviews “Housing Subsidies in the United States and England”, by Daniel Mandelker. Professor McGee details the concerns and controversies about the allocation of housing funds, and provides a thorough critique of Mandelker’s comparison of the two countries.
Amended Article 1 Of Draft Protocol I To The 1949 Geneva Conventions: The Coming Of Age Of The Guerrilla, James E. Bond
Amended Article 1 Of Draft Protocol I To The 1949 Geneva Conventions: The Coming Of Age Of The Guerrilla, James E. Bond
Faculty Articles
This article asserts that Captain David Graham, writing in this issue of the Washington and Lee Law Review, savages amended Article 1 of draft Protocol I to the 1949 Geneva Conventions. Specifically, he attacks the Article on the following grounds: (1) it is politically motivated by third-worlders determined to remake international law according to their own preferences; (2) it is poorly drafted and therefore cannot be implemented effectively; and (3) it would legitimize wars of national liberation and lead to discriminatory treatment of combatants. These are serious charges, raised by a serious scholar, whose closeness to the subject and to …
Representation Of Clients In Matters Relating To Hospital Bills, Ken Wing, S. Axelrad, P. A. Butler
Representation Of Clients In Matters Relating To Hospital Bills, Ken Wing, S. Axelrad, P. A. Butler
Faculty Articles
This article is designed to acquaint Legal Services attorneys with a range of government health programs for which their clients may be eligible, and a number of legal theories that may impose a duty to provide care on public or private medical care institutions. The primary objective is to provide background material to assist the attorney in getting medical bills paid or defending a collection action. The article also includes a discussion of legal duties to provide care that will be useful in advising clients and consumer groups of their rights and of the programs and services that should be …
Prior Inconsistent Statements: Presently Inconsistent Doctrine, Mark Reutlinger
Prior Inconsistent Statements: Presently Inconsistent Doctrine, Mark Reutlinger
Faculty Articles
The common law has come a long way since Sir Walter Raleigh was convicted of treason on the basis of accusations contained in unproduced letters and the hearsay declarations of unproduced witnesses. However, despite the painstaking development and innumerable formulations and reformulations of the hearsay rule over the past several centuries, there are areas of that body of law which are as yet unsettled and the subject of heated controversy. One such area is that of prior inconsistent statements of witnesses, the controversy over which has continued over the years and has surfaced once again with promulgation of the new …
Victimless Crimes: A Proposal To Free The Courts, Robert C. Boruchowitz
Victimless Crimes: A Proposal To Free The Courts, Robert C. Boruchowitz
Faculty Articles
Victimless "crimes"—acts that are presently outside the law but which have no readily identifiable victim—account for almost half of the cases handled by United States courts. They include behavior which may reflect illness and which requires medical and therapeutic attention (such as drunkenness), as well as behavior condemned as varying from moral or social standards and leading to harmful behavior (such as vagrancy and curfew violations). If the burden of regulating this type of behavior were removed from the criminal justice system, perhaps one half of the courts' current case load could be eliminated. Furthermore, persons caught in deviant conduct …
Mental Commitment Cases Of 1971 Supreme Court Term, Ken Wing, R. Carman
Mental Commitment Cases Of 1971 Supreme Court Term, Ken Wing, R. Carman
Faculty Articles
Even in areas where legal representation has become available to the poor through the efforts of Legal Services programs, there is still one group that is almost universally denied representation: those confined under the various forms of civil commitment and patients in mental health institutions. Almost by definition in need of legal counsel and predictably indigent, they are faced with interpersonal and institutional barriers that further reduce their chances to obtain representation. It is the position of the National Health Law Program that Legal Services programs throughout the country should focus some of their attention towards this portion of their …
Policy, Privacy, And Prerogatives: A Critical Examination Of The Proposed Federal Rules Of Evidence As They Affect Marital Privilege, Mark Reutlinger
Policy, Privacy, And Prerogatives: A Critical Examination Of The Proposed Federal Rules Of Evidence As They Affect Marital Privilege, Mark Reutlinger
Faculty Articles
This article examines all aspects of proposed federal rules of evidence affecting marital privilege in the United States. It also provides an explanation of the reasons advanced by the Advisory Committee for abolition of martial and other state-created privileges; Common law origins of marital privilege.
Cash Deposits - Burdens And Barriers In Access To Utility Services, John B. Kirkwood
Cash Deposits - Burdens And Barriers In Access To Utility Services, John B. Kirkwood
Faculty Articles
The utilities are free from statutory limitations on their deposit rules, practices differ, but most utilities use very broad criteria of income and net worth to select those consumers from whom they will demand a deposit. Under these broad deposit rules it is not surprising that the poor pay virtually all deposits, or that often high income residential areas are exempted altogether from the impact of cash deposits. Such rules impose severe burdens on depositors without proportionately benefitting the utilities, for deposits usually save utilities insignificant amounts of money. For example, estimations of the California Public Utilities Commission in 1967 …
Proposed Revisions To The Law Of War Applicable To Internal Conflict, James E. Bond
Proposed Revisions To The Law Of War Applicable To Internal Conflict, James E. Bond
Faculty Articles
This article features a careful analysis of the law of armed conflict as it applies to internal disputes. It also provides detailed proposals for modifications in the law of war to encompass the difficult problems of human rights involved in internal disputes.
Blacks, Due Process And Efficiency In The Clash Of Values As The Supreme Court Moves To The Right, Henry Mcgee
Blacks, Due Process And Efficiency In The Clash Of Values As The Supreme Court Moves To The Right, Henry Mcgee
Faculty Articles
Professor McGee examines the move by the Supreme Court to limit rights for minority defendants. Led by its law enforcement-oriented Chief Justice, an emerging majority of the Court has managed to reverse or seriously abridge precedents - both recent and time-honored - which ensured some fairness for minority defendants. Professor McGee addresses the implications of these decisions, and how they have affected due process for Black defendants.
The Problems And Promise Of Black Men Of Law, Henry Mcgee
The Problems And Promise Of Black Men Of Law, Henry Mcgee
Faculty Articles
Professor McGee discusses the Black legal community's fight from the 1930s through the 1950s that eliminated the constitutional support of racial segregation and discrimination. Given the monumental obstacles which historically have plagued black lawyers, it is remarkable how many have succeeded despite the discrimination. While this article touches on some of the difficulties and limitations of the black bar, it must be stressed that there is a tradition of leadership and service among black lawyers that provides a solid foundation for the relatively large numbers of advocates that return to their communities. Building on this tradition of leadership, there are …
Internal Conflict And Article Three Of The Geneva Conventions, James E. Bond
Internal Conflict And Article Three Of The Geneva Conventions, James E. Bond
Faculty Articles
This article suggests that the laws of war should apply to internal conflicts. The legislative history of the present rules of war began in draft agreements before formally being expressed in international compacts, and that internal conflicts observe similar rules has also been advocated by scholars in draft agreements. It appeared in limited form Article Three of the 1949 Geneva Convention, which gives hope that something tangible will be developed by the United Nations to protect vulnerable populations during internal conflicts. The article continues that in the meantime Article Three should be utilized as a diplomatic tool to hold countries …
Protection Of Non-Combatants In Guerrilla Wars, James E. Bond
Protection Of Non-Combatants In Guerrilla Wars, James E. Bond
Faculty Articles
The purpose of this article is twofold: first, some of the gaps in Convention protections of non-combatants will be identified; and second, possible remedies will be offered. The alleged atrocities at My Lai have exposed one major gap in Convention protection, although surprisingly few popular or scholarly commentators have mentioned or discussed it. The Geneva Civilian Convention does not protect the nationals of a co-belligerent state from the depredations of an ally. The author details the Geneva Convention categories that apply in these situations and offers revisions that could be implemented to provide the laws necessary to protect non-combatants.
Minority Students In Law School: Black Lawyers And The Struggle For Racial Justice In The American Social Order, Henry Mcgee
Minority Students In Law School: Black Lawyers And The Struggle For Racial Justice In The American Social Order, Henry Mcgee
Faculty Articles
Professor McGee addresses the endeavor of Black Americans--their struggle against discrimination and segregation--and their entry into law school and the legal profession. The emerging cadre of Black law students represents the newest source of leadership in the struggle for Black liberation. They are part of a surging tide of blackness that may yet save the nation from the decay and death of racism. As such they command attention and respect.
Discretionary Justice: A Preliminary Inquiry, Henry Mcgee
Discretionary Justice: A Preliminary Inquiry, Henry Mcgee
Faculty Articles
Professor McGee reviews Discretionary Justice: A Preliminary Inquiry, by Kenneth Culp Davis. Davis, suggesting both that we are a government of men as much as of laws and that discretion begins where law ends, sets out to determine how much unnecessary discretionary power can be contracted and how necessary discretionary power can be both confined and structured.
Roscoe Pound's Legacy: Engineering Liberty And Order, Henry Mcgee
Roscoe Pound's Legacy: Engineering Liberty And Order, Henry Mcgee
Faculty Articles
Professor McGee presents Roscoe Pound’s legal legacy—the most distinguished career in American legal scholarship. McGee discusses Pound’s essential jurisprudence, his jural postulates and critical views, and Pound’s theory of interests—social, public, and individual. McGee also delves into Pound’s academic concern with social control and discretion in criminal justice .
Urban Renewal In The Crucible Of Judicial Review, Henry Mcgee
Urban Renewal In The Crucible Of Judicial Review, Henry Mcgee
Faculty Articles
An agency is not an island entire of itself. It is one of the many rooms in the magnificent mansion of the law. The very subordination of the agency to judicial jurisdiction is intended to proclaim the premise that each agency is to be brought into harmony with the totality of the law; the law as it is found in the statute at hand, the statute book at large, the principles and conceptions of the "common law," and the ultimate guarantees associated with the Constitution.
Lay Advocacy And "Legal Services To Youth": Summaries On The Use Of Para-Legal Aides, Henry Mcgee
Lay Advocacy And "Legal Services To Youth": Summaries On The Use Of Para-Legal Aides, Henry Mcgee
Faculty Articles
This article discusses the incredibly effective use of legal assistants in the project implemented to assist poor urban youth with legal issues—Legal Services to Youth sponsored by the University of Chicago Law School's Center for Studies in Criminal Justice, under a Ford Foundation grant, was directed to a specialized consumer group, boys under 17 and girls under 18, the jurisdictional age ceiling in the Cook County, Illinois Juvenile Court. Legal assistants were recruited in the area served, and an attempt was made to locate persons who were by background and experience likely to be sympathetic to youth "in trouble." The …
Universities, Law Schools, Communities: Learning Or Service Or Learning And Service?, Henry Mcgee
Universities, Law Schools, Communities: Learning Or Service Or Learning And Service?, Henry Mcgee
Faculty Articles
This article addresses the roles of universities and law schools and their changing roles in society. While many universities and law schools are assuming leadership roles in national and even global communities, the new challenge is their responsibility to the communities they reside in.
Arrests In Civil Disturbances: Reflections On The Use Of Deadly Force In Riots, Henry Mcgee
Arrests In Civil Disturbances: Reflections On The Use Of Deadly Force In Riots, Henry Mcgee
Faculty Articles
Professor McGee examines the use of deadly force in quelling recurrent communal rioting of alienated black urban masses in 1968. Napoleon fired “grapeshot” into a rioting Parisian crowd in 1795, and while his brutality may have quieted the rioters it should not be set as an example for our modern day police forces. Deadly force used against large numbers of citizens, who just prior to the riots were for the most part law-abiding and peaceful, can have crushing social consequences. In this article Professor McGee discusses police departmental policy, the limits of deadly force in arrests, excessive force and liability, …
Trusts: Consequences Of Attorney's Good Faith Representation Of Adverse Parties In Trust Administration, Mark Reutlinger
Trusts: Consequences Of Attorney's Good Faith Representation Of Adverse Parties In Trust Administration, Mark Reutlinger
Faculty Articles
In the course of estate and trust administration, an attorney or a single law firm may be in the position of representing both the trustee and beneficiaries of a particular trust. In any such situation the attorney represents adverse parties since the beneficiaries may wish to enforce the trust provisions against the trustee. Nevertheless, the attorney might feel impelled to represent such adverse parties, especially where they are amicable, where the attorney has personal familiarity with the parties and the property, or where the parties wish to avoid the added expense of obtaining independent counsel. Potter v. Moran, however, indicates …